Last updated: 27 April, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The following terms and conditions (together with any documents or additional terms, conditions, or policies referred to herein or available by hyperlink) (collectively, the “Terms”) apply to your use of https://dinnerintheskycanada.com, including any content, functionality, and services available on or through https://dinnerintheskycanada.com (collectively, the “Site”). The site is operated by West Coast Sightseeing Ltd., a British Columbia limited liability company located at #200 – 110 Cambie St., Vancouver, BC, V6B 2M8. Throughout the Site, the terms “we”, “us”, “our”, and WESTCOAST Sightseeing refers to West Coast Sightseeing Ltd.
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Site, including, without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.
By accessing or using the Site, you accept and agree to be bound by these Terms. If you do not agree to all of these Terms, then you do not have permission to access or use the Site in any way.
Any new content, functionality, or services which are added to the current web store on https://dinnerintheskycanada.com/ will also be subject to these Terms. We may, at our discretion, update, change, add or remove any part of these Terms at any time – please check these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Terms constitutes acceptance of those changes.
- Purchase and Payment
If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, address, and credit card information. By entering any information on this Site, you represent and warrant that: (1) you are at least the age of majority in your province, territory, or state of residence, or you are the age of majority in your province, territory, or state of residence and you have given us your consent to allow any of your minor dependents to use this Site; (2) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (3) the information you provided is true, accurate, current, and complete.
Orders may be made: (1) online; (2) by e-mail at [email protected] or (3) by phone 1-800-451-1777. We accept payment using the following credit cards:
- American Express
We do not charge a service fee for processing credit card payments. Full payment by credit card is required to make a reservation.
Prices are per person, unless otherwise specified.
Prices do not include GST and local taxes unless otherwise stated.
Prices are based on the local tariffs at the time of quoting in Canadian Dollars.
Price quotations are subject to change without notice until a booking has been confirmed.
Not included as part of the services we offer are any applicable attraction admission, foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger facility charges, and international transportation tax unless otherwise stated.
Tips/gratuities, passports and visa fees; baggage handling and personal insurance; beverages and food not listed and all other items of a personal nature are also not included. You should retain sufficient local currency to pay for all of the above items if necessary.
Certain products may involve charges like car parking, fuel surcharge, and airport taxes or security deposit that are over and above the stated price on the Site. You will have to pay these directly to the relevant service providers in order to consume the service.
If, for any reason, you decide to cancel your confirmed bookings, your credit card will be credited with the appropriate amount as long as cancellation is 48 hours prior to the date of use.
No shows, missed departures or unused services will be non-refundable.
Reservations changes are based on availability.
Unless otherwise stated in the product detail, these policies apply to all products sold on this site.
Duration of experience may vary due to weather, and size of the group. While Dinner in the Sky Canada will endeavor to conduct the experience as indicated, all experiences are subject to change without notice.
We are not responsible for damaged personal items.
- Personal Information
- Restrictions on use of Site and Purchased Products
You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, territorial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We may block your use of our Site or any related website for violating any of the prohibited uses.
- General Disclaimer and Limitation of Liability
Your use of the Site is at your sole risk. The Site is provided on an “as is, where is, as available” basis. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its contents (including, without limitation, product descriptions and prices) or our services. We disclaim all warranties, express or implied, of any kind, including without limitation implied warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, and course of performance. You expressly acknowledge that there are no warranties or representations made regarding the content of the Site, including, without limitation: its currency, accuracy, or completeness; its availability; its security; that defects will be corrected; or that the Site, any hyperlinked website, or the servers upon which they reside are free of viruses or other harmful components.
We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. We may remove the Site for indefinite periods of time or take it down entirely, all without notice to you.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON ANY MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS AND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTION OR DECISION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED ON THE SITE.
In no case will Westcoast Sightseeing Ltd. or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with your use of, or inability to use, our Site or any of our services or products, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. In provinces, states, or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
- Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by us. These links are provided for your convenience only. No endorsement of any third-party products, services, or information is expressed or implied by any information, material, or content of any third-party contained in, referred to, included on, or linked from or to the Site. Any information, data, opinions, recommendations, products, or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of us or our affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Security Risks and Computer Viruses
The world-wide-web exists across unsecure, public networks and there is a risk that transmissions to or from this site may be intercepted and modified by third parties. Files obtained from or through the Site may contain computer viruses or other defects. We assume no responsibility or liability for any damages to, or viruses that may infect your computer equipment or other property in connection with your access to or use of this site or your downloading of any data, text, images, files or other materials from the Site.
- Intellectual Property and Copyright Notice
All text, trademarks, logos, service marks, images, content, graphics, and product designs, whether or not designated with “®” or “™”, are owned by us unless otherwise stated, are protected by Canadian copyright law and may not be reproduced or used in connection with any product or service without our prior written consent. Third-party copyrights and trademarks are the property of the third-party. You are only permitted to use the Site for purposes consistent with applicable laws and these Terms. Any unauthorized use of the Site or any of its contents – for example on your personal website, blog, social network, or any other online resource – is a breach of these Terms and may violate copyright, trademark, and other laws.
By using the Site you acknowledge that West Coast Sightseeing Ltd. are the sole owners of the Site and all intellectual property rights therein.
You agree to indemnify, defend, and hold harmless West Coast Sightseeing Ltd., and each of its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs, or debt, and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your use of and access to the Site and any material obtained from it; (b) breach of these Terms or the terms of any documents or websites they incorporate by reference; or (c) your violation of any law or the rights of any third-party.
We may, at our sole discretion, terminate or suspend your account with us and bar access to the Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, for a breach of the Terms.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by discontinuing use of the Site.
All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
- Governing Law
These Terms and any separate agreements whereby we provide services to you will be governed by and construed in accordance with the laws of British Columbia, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
- Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.
- Entire Agreement
These Terms constitute the entire agreement between you and us and govern your use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site, including but not limited to any prior versions of these Terms.
- Changes to Terms
We may, at our sole discretion, modify or replace these Terms at any time, including, without limitation, any information, names, text, software, images, pictures, logos, trade-marks, functionalities, products, and associated services and any other material displayed on, offered through, or contained on the Site from time to time.
Your continued access to or use of our Site after any revisions will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site and should refrain from doing so.
- Contact Information
If you have questions about these Terms, please send them to [email protected].
West Coast Sightseeing Ltd.
Last updated on 27 April, 2018.